Paragraph 1 I1
England and Wales Not yet in force
The Planning Act 2008 is amended as follows.
In section 206 (the charge), before its amendment by section 139 of LURA 2023—
in subsection (3), before paragraph (a) insert—
“(aa)the mayor (if any) for the area of a combined authority is the charging authority for that area (in addition to the local planning authorities),
(ab)the mayor (if any) for the area of a combined county authority is the charging authority for that area (in addition to the local planning authorities),”;
after subsection (3) insert—
“(3A)A mayor may only be a charging authority under subsection (3)(aa) or (ab) if—
(a)the mayor satisfies such conditions or requirements (if any) as may be specified in CIL regulations, or
(b)the authority in relation to whose area that person is the mayor satisfies any such conditions or requirements.”;
in subsection (4), after “case” insert “of the area of a combined authority, the area of a combined county authority or”;
after subsection (6) insert—
“(7)(8)In this section—
“combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;
“combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.”
In section 213 (charging schedule: approval)—
in subsection (2), after “London” insert “or a relevant mayor”;
in subsection (3), after “London” insert “or a relevant mayor”;
after subsection (3) insert—
“(3ZA)If the charging authority is a relevant mayor, the mayor may approve the charging schedule only if the relevant authority has by a resolution approved the charging schedule.
(3ZB)The following requirements must be met in relation to the resolution mentioned in subsection (3ZA)—
(a)the resolution must be considered at a meeting of the relevant authority that is convened only for that purpose,
(b)particulars of the resolution must be included in the notice of the meeting,
(c)the resolution must be passed at the meeting by a simple majority of the members of the relevant authority who vote on it,
(d)in the event of a tied vote on whether to approve the charging schedule, the relevant mayor has a casting vote (in addition to any other vote the mayor may have).”;
in subsection (5), after the definition of “examiner” insert—
““relevant authority”, in relation to a relevant mayor, means the combined authority or combined county authority in relation to whose area that person is the mayor;
“relevant mayor” means—
- (a)
the mayor for the area of a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009, or
- (b)
the mayor for the area of a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.”
In section 214 (charging schedule: effect)—
in subsection (5), after “London” insert “or a relevant mayor”;
in subsection (6), after “London” insert “or a relevant mayor”;
after subsection (6) insert—
“(6A)If the charging authority is a relevant mayor, the mayor may make a determination under subsection (3) only if the relevant authority has by a resolution approved the proposed determination.
(6B)The following requirements must be met in relation to the resolution mentioned in subsection (6A)—
(a)the resolution must be considered at a meeting of the relevant authority that is convened only for that purpose,
(b)particulars of the resolution must be included in the notice of the meeting,
(c)the resolution must be passed at the meeting by a simple majority of the members of the relevant authority who vote on it,
(d)in the event of a tied vote on whether to approve the proposed determination, the relevant mayor has a casting vote (in addition to any other vote the mayor may have).
(6C)In this section, “relevant authority” and “relevant mayor” have the meaning given by section 213(5).”
Annotations
Commencement
- I1
Sch. 17 para. 1 not in force at Royal Assent, see s. 108(6)